Since the radar was not operational and there was no other means to fix the vessel's position from the steering console, there was no plotting regime in place. Consequently, the precise position of the vessel was not established. Instead, the skipper relied on local knowledge; this despite the fact that the vessel was being operated in close proximity to rocks. As the skipper was alone on the bridge and engaged in a multitude of tasks, a proper look-out was not maintained.Analysis Since the radar was not operational and there was no other means to fix the vessel's position from the steering console, there was no plotting regime in place. Consequently, the precise position of the vessel was not established. Instead, the skipper relied on local knowledge; this despite the fact that the vessel was being operated in close proximity to rocks. As the skipper was alone on the bridge and engaged in a multitude of tasks, a proper look-out was not maintained. Charter Vessels The nature of the charter boat industry has been shrouded in controversy on the West Coast of Canada. In 1986, TC Marine Safety (formerly the CCG) put in place a voluntary compliance programme called the Passenger Vessel Compliance Programme. However, it met with limited success as some owners felt it had been inconsistently applied, and it was discontinued in 1989. There has been some friction between the owners who spent considerable sums of money to comply with the programme and those who did not. A charter vessel is not defined in the Canada Shipping Act (CSA). A pleasure yacht is defined in the Act as ... a ship that is used exclusively for pleasure and does not carry passengers, and passenger(4) is defined by exclusion. A recent court ruling(5) highlighted shortfalls in the application of the current legislative provisions to charter vessels. Basically, charter arrangements where the persons on board do not pay, or contribute directly to the payment of the vessel, are considered to be pleasure craft, and the people carried are not passengers within the meaning of the Act. This means that persons carried on these vessels are not being afforded the same safety standards as people transported on passenger vessels. Until the definition of passenger and passenger ship are broadened to apply to pleasure craft like the VANCOUVERSPIRIT, uncertificated vessels will continue to carry people in circumstances that may not be as safe as those afforded to passenger vessels. In most circumstances, these people are unaware of the differences in safety requirements. Charter-Party Agreements Many charterers are also unaware of the safety considerations in chartering a vessel. In most instances, it is their expectation that they are only responsible to the owners for monetary compensation for the persons carried and that the owners will provide them with a vessel that is seaworthy and in compliance with all appropriate safety features required for a vessel of her size and type. As a result, charterers rarely ensure that their agreements clearly define seaworthiness and safety standards and who is responsible for maintaining the standards. Seaworthiness of the Vessel Seaworthy(6) as applied to a vessel signifies that she is properly constructed, prepared, manned, equipped, and provided, for the voyage intended.... A warranty of seaworthiness extends not only to the condition of the structure of the ship itself, but requires that it be properly laden, and provided with a competent master, a sufficient number of competent officers and seamen ... for the voyage. The VANCOUVERSPIRIT was operating without certificated crew. Further, she continued to operate without replacing the unapproved and ineffective bilge pumping system, which was a pre-condition for the renewal of her inspection certificate. The current definitions of passenger and passenger ship in the Canada Shipping Act allowed the VANCOUVERSPIRIT to operate without a valid inspection certificate and without certificated crew. The general public and potential charterers may not fully appreciate the ramifications of chartering a pleasure craft, and the safety of persons carried on charter vessels may be compromised The last inspection certificate issued to the VANCOUVERSPIRIT had expired some six months before the occurrence. The certificate was short-termed because outstanding safety recommendations had not been addressed by the owners. The lack of efficiency of the vessel's bilge pumping system effectively compromised the vessel's seaworthiness and the safety of the passengers and crew. The radar on board was inoperable and there was no systematic plotting regime in place while the vessel was being operated in the vicinity of rocks, and no proper look-out was maintained. The boat struck an underwater object, probably a rock, and started taking on water in the vicinity of Grebe Islets.Findings The current definitions of passenger and passenger ship in the Canada Shipping Act allowed the VANCOUVERSPIRIT to operate without a valid inspection certificate and without certificated crew. The general public and potential charterers may not fully appreciate the ramifications of chartering a pleasure craft, and the safety of persons carried on charter vessels may be compromised The last inspection certificate issued to the VANCOUVERSPIRIT had expired some six months before the occurrence. The certificate was short-termed because outstanding safety recommendations had not been addressed by the owners. The lack of efficiency of the vessel's bilge pumping system effectively compromised the vessel's seaworthiness and the safety of the passengers and crew. The radar on board was inoperable and there was no systematic plotting regime in place while the vessel was being operated in the vicinity of rocks, and no proper look-out was maintained. The boat struck an underwater object, probably a rock, and started taking on water in the vicinity of Grebe Islets. The VANCOUVERSPIRIT took on water as a result of striking a submerged object, probably a rock, in the vicinity of Grebe Islets. Contributing factors were that a proper look-out was not maintained and the vessel's position was not plotted. Passengers were evacuated safely when it became evident that the bilge pumping system was unable to cope with the ingress of water.Causes and Contributing Factors The VANCOUVERSPIRIT took on water as a result of striking a submerged object, probably a rock, in the vicinity of Grebe Islets. Contributing factors were that a proper look-out was not maintained and the vessel's position was not plotted. Passengers were evacuated safely when it became evident that the bilge pumping system was unable to cope with the ingress of water. TC has proposed to change the definition of passenger in the Canada Shipping Act. The new definition will include guests of a charterer as passengers. The proposal received Cabinet approval in May 1996.Safety Action Taken TC has proposed to change the definition of passenger in the Canada Shipping Act. The new definition will include guests of a charterer as passengers. The proposal received Cabinet approval in May 1996.